Home Office: Race Equality Employment Targets

Lord Desai: asked Her Majesty's Government:
	Whether they will publish the Milestone Report (3rd Annual Report on progress) on the Home Secretary's race equality employment targets for minority ethnic staff in the Home Office and its service areas.

Lord Filkin: Copies of a report entitled Race Equality–The Home Secretary's Employment Targets–Milestone Report have today been placed in the Library. The targets cover recruitment, retention and career progression for minority ethnic staff in the Home Office, the prison, the police and probation services.

MV "Prestige"

Lord Hoyle: asked Her Majesty's Government:
	What representations they have made to the European Union Commissioner for Transport, Loyola de Palacio, about her remarks in relation to MV "Prestige" and Gibraltar.

Baroness Symons of Vernham Dean: As my noble friend Lady Amos told the House on 10 December (Official Report, col. 214), neither the UK nor Gibraltar bore any responsibility for the "Prestige". The UK's Permanent Representative to the EU wrote to the Commission in this sense on 19 November. A copy of that letter has been placed in the Libraries of the House. My honourable friend the Minister for Europe (Mr MacShane) also wrote to Commissioner de Palacio on 16 November.

Iraq

Lord Varley: asked Her Majesty's Government:
	What continuing preparatory activities are currently under way with regard to Iraq.

Lord Bach: In the oral Statement made by my right honourable friend the Defence Secretary (Mr Hoon) to the House on 7 January (Official Report, col. 23) in another place we announced the deployment of naval and amphibious forces, including 3 Commando Brigade Royal Marines with all supporting elements. They will conduct training in the Mediterranean with a view to proceeding to the Gulf region if and as required.
	3 Commando Brigade Royal Marines will have an integral reconnaissance capability. This will be provided by a number of tracked vehicles. These will be moved by ship and loading will begin shortly. Dispatch of Royal Marines personnel and other equipment by air will also begin shortly.
	In parallel, preparatory activity continues to ensure the availability and readiness of a range of military options, should they be required. This includes continuing planning activity, exploratory visits and liaison with other military staffs in the region. It also includes the preparation, movement and deployment of enabling equipment that might be required in the event of operations, including logistics, engineering, signals and command vehicles and equipment. This will involve major road movements in the United Kingdom and Germany and the loading of ships, which will sail in the next few days.
	As soon as any decision to deploy additional British combat forces to the region is taken, we will inform the House at the earliest opportunity.

DTI: Consultancy Contracts

Baroness Miller of Hendon: asked Her Majesty's Government:
	What was the total expenditure incurred by the Department of Trade and Industry on work carried out by consultants during the financial years 1997–98, 1998–99, 1999–2000, 2000–01 and 2001–02.

Lord Sainsbury of Turville: Central records indicate that contracts for consultancy were as follows:
	Financial year 1999–2000: £21 million
	Financial year 2000–2001: £36 million
	Financial year 2001–2002: £64 million.
	Data for the two previous years are not readily available and can be provided only at disproportionate cost.

Civil Partnerships

Lord Lester of Herne Hill: asked Her Majesty's Government:
	When they intend to publish their consultation document on civil partnerships.

Lord Sainsbury of Turville: The Government propose to issue a consultation document on civil partnership registration in the summer.

Pension Benefits: Unmarried Long-term Cohabiting Partners

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Why the Green Paper Working and Saving for Retirement (CM 5677, December 2002) contains no proposals to entitle unmarried long-term cohabiting partners (whether of the same sex or opposite sex) to state pensions benefits.

Baroness Hollis of Heigham: Married couples may be entitled to state pension benefits based on their spouse's contributions. The Government have no proposals to entitle unmarried long-term cohabiting partners to state pensions benefits based on their partner's contributions.
	The Government are currently looking into the policy and cost implications of a civil partnership registration scheme for same-sex couples, with an attached package of rights and responsibilities.

Northern Ireland Civil Service: Recruitment Policies

Lord Rogan: asked Her Majesty's Government:
	Whether the Civil Service Commissioners' recruitment code is fully observed by all departments and agencies within the Northern Ireland Civil Service.

Lord Williams of Mostyn: I understand from the Office of the Civil Service Commissioners for Northern Ireland that the Northern Ireland Civil Service Commissioners are satisfied that the recruitment policies and practices of departments and agencies within the Northern Ireland Civil Service are generally in accordance with the requirements of the recruitment code.
	The commissioners are responsible for upholding the principle that selection for appointment to posts in the NICS should be on the basis of merit, through fair and open competition. They discharge this responsibility by publishing and maintaining a recruitment code which sets out the essential principles and procedures on which recruitment to the Northern Ireland Civil Service must be based. The commissioners satisfy themselves that these requirements are met through a robust cycle of audits of departmental and agency recruitment policies and practices. Issues arising are followed up with the NICS through regular exchanges between the commissioners and NICS officials, including Permanent Secretaries.
	A summary of the findings of the most recent audits can be accessed in the commissioners' annual report 2001–02 or on their website at www.nicscommissioners.org

Armagh: Barrier at Tower Hill

Lord Kilclooney: asked Her Majesty's Government:
	Why the security barrier has been retained across Tower Hill, Armagh City; which authority opposes the opening of this roadway; and what proposals there are to reduce the traffic delays from the junction of the Tower Hill and the Portadown Road towards Armagh City.

Lord Williams of Mostyn: The barrier at Tower Hill in Armagh belongs to the Police Service of Northern Ireland (PSNI) and has been retained to provide necessary protection against an attack on the nearby Gough Barracks complex. The road was closed subject to a Section 26/3 temporary road closure.
	The delays for traffic emerging from Tower Hill are not considered to be too onerous and there are no proposals to carry out any road-related measures at this time. PSNI is re-assessing the need to retain the barrier in a closed position.

Northern Ireland: Irish and Ulster Seats

Lord Laird: asked Her Majesty's Government:
	How much money, in sterling, has been paid since 1 December 1999 from the Republic of Ireland's Department of Foreign Affairs and the Cabinet Office (a) to groups promoting the Irish language; and (b) to groups promoting Ulster Scots culture, history and language in Northern Ireland.

Lord Williams of Mostyn: Details of payments made to the various bodies mentioned above since 1 December 1999 from the Republic of Ireland's Department of Foreign Affairs are available on the department's website at www.irlgov.ie/iveagh.
	The Cabinet Office has not provided funding for these groups.

Belfast Agreement

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by Baroness Farrington of Ribbleton on 5 December (WA 126), whether the Belfast Agreement has been amended; and, if so, how this fits with the ethos of the agreement guaranteeing cross-community support for all decisions.

Lord Williams of Mostyn: The Belfast Agreement has not been amended. The agreement between the two governments contained in the exchange of notes of 19 November 2002 made provision for the making of decisions during suspension on "policies and actions relating to the Implementation Bodies, Tourism Ireland Limited or their respective functions". As the joint statement of the two governments of 18 December made clear, each government will consult as appropriate in the exercise of their powers under the agreement of 19 November. The British Government will consult on a cross-community basis, in keeping with the ethos of the Belfast Agreement.

Government Departments: London Weighting Allowance

Lord Avebury: asked Her Majesty's Government:
	Whether they will set out the London weighting allowance paid to workers in government departments.

Lord Macdonald of Tradeston: Responsibility for determining whether to pay civil servants a London weighting allowance, and at what level, is a matter for individual government departments and agencies. This information is not held centrally.

Airports: Frontier Control System

Lord Wallace of Saltaire: asked Her Majesty's Government:
	What steps they have taken to facilitate segregation at United Kingdom airports between passengers arriving from outside the European Union/European economic area and those arriving from inside, against the contingency that a future United Kingdom government might decide to reduce the level of border controls between the United Kingdom-Ireland common travel area and the Schengen countries.

Lord Macdonald of Tradeston: The operators of the airports most affected try to retain some flexibility in the design of their terminals and airfields. But the scope for this is limited and they are guided by the Government's clearly stated view that the United Kingdom will retain its existing system of frontier controls.

Non-departmental Public Body Appointments

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they consider it to be in the public interest for senior ministerial appointments to public office to be subject to parliamentary scrutiny before they are made; and, if not, what are their reasons for that view.

Lord Macdonald of Tradeston: Ministers are accountable to Parliament for the public appointments they make to non-departmental public bodies. These appointments are regulated and monitored by the Commissioner for Public Appointments. The Government are committed to the principle of appointment on merit and do not consider that further parliamentary vetting or agreement of these appointments would improve the appointments process or increase the calibre of appointees.

English Channel: Collisions

Lord Campbell of Croy: asked Her Majesty's Government:
	Whether they are satisfied with the present arrangements for avoiding collisions and wrecked vessels in the English Channel.

Lord Macdonald of Tradeston: The Government are satisfied with the present arrangements for the routeing of shipping.
	Shipping in the English Channel is controlled through a mandatory traffic separation scheme (TSS) jointly administered by the UK and French authorities, with France looking after the north-east lane and the UK the south-west lane. The Channel Navigation Information System (CNIS) based at Dover Maritime Rescue Co-ordination Centre (MRCC) contributes to the safety of navigation within this area by encouraging vessels to comply with the IMO adopted procedures for vessels navigating within the TSS and collating and providing the latest information to shipping on activities, conditions and navigational irregularities which may affect safe navigation.
	With respect to the "Tricolor", which sank on 14 December, the French authorities have marked the wreck with five Cardinal buoys, 600 metres from the wreck, one of which is fitted with a Racon, an electronic radar echo enhancing device. The French vessel the "Glaive" is on guard duty at the wreck site in addition to the salvage tug "Alphonse Letzer" and the salvage barge "Asian Hercules". Navigational warnings are being issued hourly to ships in the area.

Rear Seat Belts

Baroness Masham of Ilton: asked Her Majesty's Government:
	Whether they will introduce legislation similar to Section 5 of Anton's Law, passed by the United States Congress and signed into law by President Bush, to require the installation of lap and shoulder seatbelts in all rear seats of new cars.

Lord Macdonald of Tradeston: An amendment to the European Community directive on seat belts has required new types of car approved from April 2002 to be fitted with lap and diagonal seat belts in all forward-facing rear seats and will apply to all new volume produced cars registered from October 2004.

Paddington Underground Station

Earl Russell: asked Her Majesty's Government:
	Why Paddington Underground station was closed on the afternoon of Tuesday 7 January.

Lord Macdonald of Tradeston: Station closures are an operational matter for London Underground.

Bus Stop Clearways

Lord Bradshaw: asked Her Majesty's Government:
	Whether further action is planned to make waiting at marked bus stops by vehicles other than buses an offence.

Lord Macdonald of Tradeston: The Traffic Signs Regulations and General Directions 2002 (SI No 3113), which come into force on 31 January, require that all new bus bays marked on the carriageway must be marked as bus stop clearways. They specify the conditions of use of new bus stop clearways and remove the requirement for a traffic regulation order. Failure to comply with the markings is an offence under Section 36 of the Road Traffic Act 1988. Decisions on which bus stops should be protected with bays as clearways, and the times during which waiting by vehicles other than buses should be prohibited, remain the responsibility of the relevant traffic authority.

Safeguarding Children

Lord Northbourne: asked Her Majesty's Government:
	Whether they accept the findings of the recently published joint chief inspector's report on arrangements to safeguard children that "many services [are] under pressure and experiencing major difficulties in recruiting and retaining key skilled and experienced staff" (paragraph 1.15); and "that failures to provide an adequate response by social services departments are often due to staff shortages within children's teams in social services" (paragraph 1.19); and, if so, what action they propose to take.

Lord Hunt of Kings Heath: The Government are aware, more recently from the joint chief inspectors' report Safeguarding Children, that many areas are experiencing problems in relation to recruitment and retention of social workers. The Government accept that they have responsibilities to work alongside local authorities and other employers. That is why we have invested £1.5 million in a national recruitment campaign, which has been running since October 2001. It is also why we are introducing a specific grant of £9 million in 2003–04 to local councils to help them deal with the linked problems of recruitment and retention. In addition, a new three-year social work degree will be introduced in September 2003.
	The recommendations of the joint chief inspectors' report Safeguarding Children, including that relating to the recruitment and retention of sufficient levels of appropriately qualified staff, are currently being carefully considered across government.

NHS: Staffing

Lord Tebbit: asked Her Majesty's Government:
	Further to the Written Answer by Lord Hunt of Kings Heath on 11 December (WA 42–43), how many of the increase in staff working for the National Health Service between 1997 and 2001 were (a) persons with medical or nursing qualifications and (b) qualified in professions allied to medicine.

Lord Hunt of Kings Heath: The information requested is shown in the following table.
	Between September 1997 and 2001, the number of doctors employed in the National Health Service has increased by 9,550 (10.7 per cent), nurses have increased by over 31,500 (9.9 per cent) and allied health professionals have increased by 6,300 (14 per cent).
	
		NHS HCHS and general practice workforce in England; 1997–2001  -- numbers (headcount)
		
			  1997 2001 % Change 1997 to 2001(1) Average annual % change 1997 to 2001(1) 
			 Total including retainers 1,058,690 1,167,170 10.2 2.5% 
			 Total excluding retainers 1,058,690 1,166,020 10.1 2.4% 
			 All doctors excluding 
			 retainers 89,620 99,170 10.7 2.6% 
			 Consultants 21,370 25,690 20.2 4.7% 
			 of which hospital 
			 medical consultants 20,200 24,400 20.8 4.8% 
			 Registrar group 11,910 13,220 11.0 2.6% 
			 of which hospital 
			 medical registrar group 11,360 12,650 11.4 2.7% 
			 Other doctors in training 19,550 20,690 5.8 1.4% 
			 of which hospital 
			 medical doctors in 
			 training 17,920 19,070 6.4 1.6% 
			 Hospital practitioners 
			 and clinical 
			 assistance(2) 6,610 5,360 C18.8 C5.1% 
			 Other hospital medical 
			 staff 3,780 6,360 68.0 13.9% 
			 Other medical and dental 
			 staff 3,620 2,530 C30.0 C8.5% 
			 GMPs excluding 
			 retainers 29,390 30,680 4.4 1.1% 
			 Unrestricted principals 
			 and equivalents 27,100 27,840 2.7 0.7% 
			 Other practitioners(3) 950 960 1.3 0.3% 
			 GP registrars 1,340 1,880 40.2 8.8% 
			 GP retainers — 1,150 n/a n/a 
			 Qualified Nurses 318,860 350,380 9.9 2.4% 
			 HCHS qualified nurses 300,470 330,540 10.0 2.4% 
			 Practice nurses 18,390 19,850 7.9 1.9% 
			 Qualified scientific, 
			 therapeutic and technical 
			 staff 96,300 110,240 14.5 3.4% 
			 of which: qualified Allied 
			 Health Professionals(4) 45,020 51,320 14.0 3.3% 
		
	
	Notes:
	(1) Changes calculated excluding GP retainers, who were first counted in 1999.
	(2) Most of these doctors also work as GPs. To avoid double counting, medical hospital practitioners and medical clinical assistants are not included in the all doctors total.
	(3) Other practitioners include assistants, restricted principals, salaried doctors (para 52 SFA) and PMS other GPs.
	(4) Allied health professionals are qualified staff from chiropody, dietetics, occupational therapy, orthoptics/optics, physiotherapy, radiography and art/music/drama therapy occupational codes.
	Sources:
	Department of Health, General and Personal Medical Services Statistics. Data as at 1 October 1997 and 30 September 2001.
	Department of Health, Medical and Dental Workforce Census. Data as at 30 September 1997 and 2001.
	Department of Health Non-medical Workforce Census. Data as at 30 September 1997 and 2001.

Greater Manchester Brain Injury Vocational Centre

Lord Morris of Manchester: asked Her Majesty's Government:
	What monitoring has been carried out by statutory agencies of the continuing provision made for people benefiting from vocational rehabilitation training provided by the Rehab UK Greater Manchester Brain Injury Centre after the centre was forced to close; and
	What study has been made of subsequent provisions for trainees at the Rehab UK Greater Manchester Brain Injury Centre who had not completed their full courses at the time of its closure; and at what cost to public funds in each case.

Lord Hunt of Kings Heath: The statutory agencies across Greater Manchester have not undertaken any formal monitoring in relation to those individuals who used the services of the Rehab UK Greater Manchester Brain Injury Vocational Centre prior to its closure. The emphasis continues to be one of meeting individuals assessed needs, and this is managed by individual councils in partnership with National Health Service colleagues and providers as appropriate to individual needs.
	There has been no study of subsequent service provision for former users of the Manchester service. However, there have been some instances where former service users have needed some additional support in helping them return to employment. In those cases, funding was made available for placements at other providers in the Greater Manchester area.

NHS Foundation Trusts

Lord McColl of Dulwich: asked Her Majesty's Government:
	If a National Health Service foundation trust was unable to satisfy the independent regulator that the proceeds from the disposal of an asset would not be used to further the trust's public interest mandate, what mechanism would be used to remove the proceeds from the trust.

Lord Hunt of Kings Heath: An NHS foundation trust will be required to satisfy the independent regulator that proceeds from disposal of assets would be used to further its public interest mandate.

NHS Foundation Trusts

Lord McColl of Dulwich: asked Her Majesty's Government:
	Whether a National Health Service foundation trust will be free to enter into complex financial instruments such as hedging contracts, swaps and other derivative products; and, if not, how any restrictions will be effected.

Lord Hunt of Kings Heath: NHS foundation trusts will have freedom over the way they conduct their finances, subject to the requirements of their licence and their primary purpose of providing health services for the benefit of NHS patients and the community.

NHS Foundation Trusts

Lord McColl of Dulwich: asked Her Majesty's Government:
	Whether the financial duties for National Health Service foundation trusts will include the requirement to achieve a rate of return on assets.

Lord Hunt of Kings Heath: The financial duties of NHS foundation trusts will be set out in forthcoming legislation.

NHS Foundation Trusts

Lord McColl of Dulwich: asked Her Majesty's Government:
	Whether a National Health Service foundation trust is required to charge standard tariffs for all of its activity; and, if so, how it can thereby achieve increases in the range and volume of services delivered to National Health Service patients, given that those services must also be charged at a standard tariff.

Lord Hunt of Kings Heath: The position is set out in paragraphs 5.6–5.12 and 5.25–5.29 of A Guide to NHS Foundation Trusts.

NHS Foundation Trusts

Lord McColl of Dulwich: asked Her Majesty's Government:
	Whether a National Health Service foundation trust would be able to carry out any work for National Health Service patients without charge.

Lord Hunt of Kings Heath: NHS foundation trusts will provide services that are free at the point of use according to clinical need, not the ability to pay.

NHS Foundation Trusts

Lord McColl of Dulwich: asked Her Majesty's Government:
	Whether a National Health Service foundation trust will be free to invest surplus financial assets as it wishes.

Lord Hunt of Kings Heath: The position is explained in paragraph 3.5 of A Guide to NHS Foundation Trusts. Details will be set out in forthcoming legislation.

NHS Foundation Trusts

Lord Astor of Hever: asked Her Majesty's Government:
	Whether National Health Service foundation trusts will be able to carry out work for private patients through the medium of (a) subsidiary companies or (b) public private partnership arrangements.

Lord Hunt of Kings Heath: Subject to compliance with licence conditions explained in paragraph 3.14–3.15 of A Guide to NHS Foundation Trusts, NHS foundation trusts will be able to carry out work for private patients through a range of corporate arrangements.

NHS Foundation Trusts

Lord Astor of Hever: asked Her Majesty's Government:
	How the strict limits on the provision by National Health Service foundation hospitals of services to private patients as referred to in paragraph 3.4 of A Guide to NHS Foundation Trusts will be defined; and whether those limits will be fixed for all time or whether it would be possible for a National Health Service foundation hospital to apply for a revision to the limits.

Lord Hunt of Kings Heath: The position is set out in paragraph 3.15 of A Guide to NHS Foundation Trusts. The limit will not be subject to revision. Details will be included in forthcoming legislation.

NHS Foundation Trusts

Lord Astor of Hever: asked Her Majesty's Government:
	Whether they have estimated the costs of setting up an independent regulator for National Health Service foundation trusts; and, if so, whether they will publish their estimates.

Lord Hunt of Kings Heath: Costs will depend on the roles and responsibilities of the independent regulator, which will be set out in forthcoming legislation, and on the number of NHS foundation trusts.

NHS Foundation Trusts

Lord Astor of Hever: asked Her Majesty's Government:
	Whether they propose that the independent regulator's decision on matters relating to National Health Service foundation trusts will be absolute or whether any appeal mechanisms will be set up.

Lord Hunt of Kings Heath: Arrangements will be set out in forthcoming legislation.

NHS Foundation Trusts

Lord Astor of Hever: asked Her Majesty's Government:
	In what ways the independent regulator for National Health Service foundation trusts will be independent of the Secretary of State for Health.

Lord Hunt of Kings Heath: The independent regulator will not be subject to direction by the Secretary of State for Health.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	Whether National Health Service foundation trusts will be classified to the public sector or the private sector in the national accounts.

Lord Hunt of Kings Heath: This is a matter for the Office for National Statistics.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	What criteria they use for determining whether an organisation is a part of the National Health Service.

Lord Hunt of Kings Heath: NHS services are provided by a mix of public and private sector organisations. The service provided for NHS patients must be free at the point of use and provided according to clinical need, not ability to pay.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	Whether it is possible for a National Health Service foundation trust to be classified to the private sector in the national accounts and also be treated as a part of the National Health Service; and, if so, whether any other private sector organisations could be treated as part of the National Health Service.

Lord Hunt of Kings Heath: Classification in the national accounts is a matter for the Office for National Statistics.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	When they will publish the prudential code referred to in paragraph 5.17 of A Guide to NHS Foundation Trusts.

Lord Hunt of Kings Heath: The position is set out in paragraph 3.17 of A Guide to NHS Foundation Trusts.

NHS Foundation Trusts

Earl Howe: asked Her Majesty's Government:
	Whether they will explain what suitable comfort means in relation to private finance initiative schemes for National Health Service foundation trusts as mentioned in paragraph 5.22 of A Guide to NHS Foundation Trusts.

Lord Hunt of Kings Heath: For NHS trusts with existing PFI projects, suitable comfort means that legislation introducing NHS foundation trusts must not affect any new NHS foundation trust's ability to meet its obligations under its PFI contract. Legislation will also ensure that NHS foundation trusts, once created, will be able to sponsor their own PFI projects using the same legislative framework as NHS trusts.

NHS Foundation Trusts

Earl Howe: asked Her Majesty's Government:
	What would be the consequences for a National Health Service foundation trust of its borrowing limit being reduced as part of its annual review if the reduced limit exceeded (a) its actual borrowings at that time; or (b) its expected borrowings in the light of existing commitments to revenue or capital expenditure.

Lord Hunt of Kings Heath: If the reduced limit exceeded its actual or expected borrowing then the NHS foundation trust would still be within its prudential borrowing limit.

NHS Foundation Trusts

Earl Howe: asked Her Majesty's Government:
	Whether they intend that any borrowings by a National Health Service foundation trust from the private sector could be guaranteed by the Secretary of State for Health, strategic health authorities, primary care trusts or any other body within the National Health Service.

Lord Hunt of Kings Heath: The regime for managing financial failure in NHS foundation trusts will safeguard the Secretary of State's overriding priority—that NHS patients continue to have access to the healthcare they need, free at the point of delivery. The regime will not underwrite institutions that have failed to deliver under the terms of their service agreements and/or licence.

NHS Foundation Trusts

Earl Howe: asked Her Majesty's Government:
	Whether the Government will act as the lender of last resort for National Health Service foundation trusts if they are unable to borrow from private sector sources.

Lord Hunt of Kings Heath: The arrangements for borrowing by NHS foundation trusts are set out in paragraph 5.13–5.16 of A Guide to NHS Foundation Trusts.

NHS Foundation Trusts

Earl Howe: asked Her Majesty's Government:
	Why National Health Service foundation trusts will not be allowed to use their regulated assets as security for borrowing.

Lord Hunt of Kings Heath: NHS foundation trusts will not be allowed to use their regulated assets as security against borrowing to ensure their continuity of essential services in the event of financial failure.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	Whether local authorities will be able to appoint members to the board of governors of a National Health Service foundation trust.

Lord Hunt of Kings Heath: The constitution of an NHS foundation trust will set out the arrangements for appointing representatives of partner organisations to the board of governors. The minimum requirements are set out in paragraph 2.17 of A Guide to NHS Foundation Trusts. As explained in paragraphs 2.17–2.23 there will be flexibility for each NHS foundation trust to decide whether to include other partner organisations, including local authority social service departments.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	How they propose to ensure that the board of governors of a National Health Service foundation trust is not dominated by a particular group of members of sectional interest.

Lord Hunt of Kings Heath: Yes, paragraphs 2.18-2.28 of A Guide to NHS Foundation Trusts set out clearly that NHS foundation trusts will need to establish a properly representative public and patient membership base and set up a board of governors that is balanced and representative of the whole membership community.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	Who will determine whether a chair or a non-executive director of a management board of a National Health Service foundation trust meets criteria laid down by the independent regulator; and what will happen if a person is elected a chair or non-executive director but does not meet those criteria.

Lord Hunt of Kings Heath: An NHS foundation trust will set its own criteria for elections of these individuals, taking into account guidance from the independent regulator and statutory requirements. A person who does not meet the NHS foundation trust's criteria would not be eligible for election.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	What will be the precise legal form of a National Health Service foundation trust.

Lord Hunt of Kings Heath: NHS foundation trusts will have an organisational structure defined in law which will make them work for the public benefit. The precise form will be set out in forthcoming legislation.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	What will be the personal legal responsibilities and duties of individuals involved in National Health Service foundation trusts as:
	(a) members of a board of governors;
	(b) chair of a board of governors;
	(c) chair of a management board;
	(d) non-executive director of a management board; and
	(e) executive member of a managment board.

Lord Hunt of Kings Heath: The statutory responsibilities of these individuals will be set out in forthcoming legislation. Personal legal obligations may also arise from the terms of the constitution of a particular NHS foundation trust and any contract of employment that an individual has with the NHS foundation trust.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	What resources will be available to boards of governors of National Health Service foundation hospitals to enable them to carry out their functions.

Lord Hunt of Kings Heath: Subject to legislation, this will be a matter for the NHS foundation trust to determine.

NHS Foundation Trusts

Lord Astor of Hever: asked Her Majesty's Government:
	Whether National Health Service foundation trusts will be able to transfer their existing assets as part of a private finance initiative transaction.

Lord Hunt of Kings Heath: NHS foundation trusts will continue to be able to procure capital schemes using the PFI process, subject to the same degree of oversight as applies under current arrangements.

NHS Foundation Trusts

Lord Astor of Hever: asked Her Majesty's Government:
	Whether they have made any assessment of the willingness of the private sector to lend money for capital projects to National Health Service foundation trusts in the absence of security on the related assets; and, if so, whether they will publish that assessment.

Lord Hunt of Kings Heath: There has been widespread consultation with the financial community throughout the development of the NHS foundation trust policy. Lenders are not looking to take security over assets crucial to the provision of essential public services. NHS foundation trusts will borrow primarily on the strength of their projected cash flows.

NHS Foundation Trusts

Lord Astor of Hever: asked Her Majesty's Government:
	Whether the assets that are transferred to a National Health Service foundation trust when it is established will be transferred at the amount shown in the accounts of the National Health Service trust or at a contemporaneous valuation.

Lord Hunt of Kings Heath: Assets will be transferred at the value shown in the accounts of the predecessor NHS trust.

NHS Foundation Trusts

Lord Astor of Hever: asked Her Majesty's Government:
	How they will determine what debt of a National Health Service trust is associated with particular assets that are transferred to a National Health Service foundation trust when it is established.

Lord Hunt of Kings Heath: The intention is that on establishment an NHS foundation trust will inherit the balance sheet of its predecessor NHS trust. Assets will be transferred at the value shown in the accounts of the NHS trust.

NHS Foundation Trusts

Lord Astor of Hever: asked Her Majesty's Government:
	Whether they will explain in legal terms what is meant by the creation of "a legal lock on the assets of National Health Service Foundation Trusts" as stated by the Secretary of State for Health on 11 December (HC Deb, col. 272).

Lord Hunt of Kings Heath: NHS foundation trusts will be prevented from selling and distributing assets necessary for the continued provision of essential services.

NHS Foundation Trusts

Lord Astor of Hever: asked Her Majesty's Government:
	What is meant by "public interest mandate" in paragraph 5.24 of A Guide to NHS Foundation Trusts.

Lord Hunt of Kings Heath: Public interest mandate in this context refers to the public interest duties that will be enshrined in the licence of each NHS foundation trust that are described in paragraph 3.5 of A Guide to NHS Foundation Trusts.

NHS Foundation Trusts

Earl Howe: asked Her Majesty's Government:
	What process will be used to determine the financial and other resources available to the independent regulator for National Health Service foundation hospitals.

Lord Hunt of Kings Heath: Provision for the establishment of the independent regulator, including funding, will be set out in forthcoming legislation.

NHS Foundation Trusts

Earl Howe: asked Her Majesty's Government:
	What process will be used for the appointment of the independent regulator for National Health Service foundation hospitals.

Lord Hunt of Kings Heath: The position is explained in paragraph 3.28 of A Guide to NHS Foundation Trusts. Details will be included in forthcoming legislation.

NHS Foundation Trusts

Earl Howe: asked Her Majesty's Government:
	Whether membership of a National Health Service foundation trust will be available to people who live in Scotland and Wales.

Lord Hunt of Kings Heath: Subject to legislation, membership will be open to residents in Scotland and Wales if they meet the eligibility criteria set by an NHS foundation trust.

NHS Foundation Trusts

Earl Howe: asked Her Majesty's Government:
	Whether there will be any age criteria for membership of a National Health Service foundation trust.

Lord Hunt of Kings Heath: The criteria for membership are set out in paragraph 2.6 of A Guide to NHS Foundation Trusts.

NHS Foundation Trusts

Earl Howe: asked Her Majesty's Government:
	Whether they have calculated the potential membership communities for National Health Service foundation hospitals in London and other large urban areas; and, if so, whether they will publish those estimates.

Lord Hunt of Kings Heath: The membership community will vary across NHS foundation trusts, and it will be up to each applicant to set out boundaries on the basis of minimum criteria to be set out in forthcoming legislation.

NHS Foundation Trusts

Earl Howe: asked Her Majesty's Government:
	Whether they have estimated the costs for a National Health Service foundation trust of setting up and administering on an ongoing basis a membership register on different assumptions about the size of membership communities; and, if so, whether they will publish those estimates.

Lord Hunt of Kings Heath: The Department of Health will work with second stage applicants to prepare for formal establishment, including practical support to develop the new governance arrangements.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	Whether foreign nationals may become members of National Health Service foundation trusts.

Lord Hunt of Kings Heath: Subject to legislation, membership will be open to anyone who meets the criteria set by an NHS foundation trust (see paragraph 2.6 of A Guide to NHS Foundation Trusts).

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	Further to the statement by Lord Hunt of Kings Heath on 11 December (HL Deb, col. 268), what is meant by National Health Service foundation trusts "poaching" staff; who would decide whether "poaching" had taken place; and what sanctions would be exercised and by whom in the event that "poaching" were deemed to have taken place.

Lord Hunt of Kings Heath: Like NHS trusts, NHS foundation trusts will be bound by a statutory duty of partnership. Unfairly competing for staff in the local area could potentially be regarded as a breach of the duty and therefore subject to intervention by the independent regulator.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	Whether boards of governors of National Health Service foundation trusts will be able to take independent advice on matters which include the requirement to advise the management board on the trust's forward plans as set out in paragraph 1.26 of A Guide to NHS Foundation Trusts.

Lord Hunt of Kings Heath: It is for the board of governors of each NHS foundation trust to determine what advice it requires in order to carry out its responsibilities. Any provison for allocation of resources to the board of governors will be determined by the NHS foundation trust's constitution.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	Whether boards of governors of a National Health Service foundation trust will be able to remove any of the members of a management board; and, if so, on what criteria and through what process.

Lord Hunt of Kings Heath: New legislation will set out the provisions for both appointment and dismissal of members of the management board.

NHS Foundation Trusts

Baroness Noakes: asked Her Majesty's Government:
	What is the council referred to in paragraph 2.22 of A Guide to NHS Foundation Trusts.

Lord Hunt of Kings Heath: The term "council" should read "board of governors".

NHS: Patient Environment

Lord Williams of Elvel: asked Her Majesty's Government:
	What plans they have to improve the patient environment.

Lord Hunt of Kings Heath: In our 1997 manifesto, we promised to end mixed-sex accommodation in National Health Service hospitals. In February 1998, we set a target for the achievement of three objectives which were designed to deliver separate sleeping areas, separate toilet and washing facilities and safe facilities for the mentally ill. Our target was that 95 per cent of trusts would meet these new standards by December 2002.
	We have exceeded the target to provide good standards of privacy and dignity, ensuring single-sex sleeping accommodation and robust operational policies which protect patients' privacy and dignity in 98 per cent of NHS trusts.
	We have met the target set to ensure the safety of people who are mentally ill—95 per cent of NHS trusts meet additional criteria set for this patient group, offering for example day rooms which are "off limits" to both patients and visitors of the opposite sex.
	The target to provide separate toilet and washing facilities for men and women will be met by the end of March. Progress to date means that 93 per cent of NHS trusts provide properly segregated bathroom and toilet facilities for men and women. A further two per cent of NHS trusts have works under way to deliver the required standard, affecting just 32 wards, which will be completed by the end of March.
	Over 98 per cent of NHS wards meet our guidelines. As there are approximately 10,000 wards currently in use across the NHS, this is a significant achievement. New hospitals and hospital facilities currently being built will bring the remaining wards to the necessary standard.
	This has been a particularly challenging target, which the NHS has met with enthusiasm and fervour. Meeting the target has taken time, energy and commitment from a wide range of professionals. The extremely high level of compliance achieved is a testament to their hard work and commitment to the interests of NHS patients.